News & Analysis as of

Student Athletes Wage and Hour Employees

Fisher Phillips

What Should Your Athletic Department Know About Trump’s New NIL Executive Order Attacking “Pay for Play” Deals? 3 Steps For...

Fisher Phillips on

In yet another sweeping move impacting college athletics, President Trump just signed an Executive Order seeking to ban “third-party, pay-for-play payments to collegiate athletes,” while still allowing athletes to enter into...more

Troutman Pepper Locke

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

Troutman Pepper Locke on

Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Ballard Spahr LLP

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

Ballard Spahr LLP on

On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more

Fisher Phillips

Play for Pay? Bombshell Ruling Upends Amateurism in College Sports

Fisher Phillips on

Yesterday, a federal appeals court became the first to rule that student-athletes at NCAA Division I schools can bring a lawsuit claiming they are employees and may be entitled to minimum wage and overtime payments under...more

CDF Labor Law LLP

True March Madness: NLRB Declares That Dartmouth Basketball Players Are Employees

CDF Labor Law LLP on

In December, this blog alerted readers that in Memorandum GC 21-08, the National Labor Relations Board’s (NLRB) General Counsel Abruzzo declared that certain student-athletes “at Academic Institutions are employees under the...more

Steptoe & Johnson PLLC

Student-Athletes Score Big for Union Rights as NLRB Regional Director Recognizes Dartmouth’s Basketball Team as ‘Employees’

Steptoe & Johnson PLLC on

Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers....more

Troutman Pepper Locke

NLRB Rules That Dartmouth Basketball Players Are Employees

Troutman Pepper Locke on

On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

Ballard Spahr LLP

NLRB Regional Director Rules Dartmouth’s Basketball Players are School Employees

Ballard Spahr LLP on

On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more

CDF Labor Law LLP

Are Revenue Generating NCAA Student-Athletes Employees? California NLRB Office Says YES.

CDF Labor Law LLP on

Last week, Region 31 of the National Labor Relations Board, based in Los Angeles, filed a complaint (Case No. 31-CA-290326) alleging that the University of Southern California (USC), the Pac 12 (Pac-12) Conference and the...more

Sheppard Mullin Richter & Hampton LLP

What the Third Circuit’s Looming Decision Regarding Whether College Athletes Can Constitute “Employees” Will Mean for Universities...

The Third Circuit is expected to soon make a decision as to whether student-athletes can be considered university “employees” under the Fair Labor Standards Act (“FLSA”). But its interpretation of the law might reverberate...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

Holland & Knight LLP

Seventh Circuit Agrees: Student-Athletes Are Not Employees Under the FLSA

Holland & Knight LLP on

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more

Ballard Spahr LLP

Student Athletes Are Not Employees Under FLSA, Circuit Court Affirms

Ballard Spahr LLP on

The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should...more

Franczek P.C.

Seventh Circuit Says Student Athletes Are Not Employees

Franczek P.C. on

Back in August, the National Labor Relations Board threw the higher education community a curve ball ruling that student assistants at Columbia University were employees under the National Labor Relations Act, and were...more

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